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Court of AppealPartially AllowedCivil Application (as stated in the judgment: notice of motion dated 9th June 2025 arising from ELC Petition no. E016 of 2024)

The General of Salvation Army Registered Trustees (registered Trustees) v Muranga County Government & 4 others

Court of Appeal of Kenya
6 February 2026
WKW. Karanja
783 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal let the Salvation Army serve a late notice of appeal, but refused extra time for the record of appeal, warning that ordinary deadlines now apply strictly.

What this practically means

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Executive summary

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This was a single-judge application in the Court of Appeal at Nairobi under Rule 4 of the Court of Appeal Rules, brought by the General of the Salvation Army Registered Trustees seeking extension of time to serve a notice of appeal and to file and serve a record of appeal against a ruling of the Environment and Land Court at Thika in ELC Petition no. E016 of 2024 delivered on 5th March 2025. The applicant explained that the notice of appeal was filed on time but was never served because a clerk placed it in a drawer and it was forgotten, compounded by counsel's illness and hospitalisation in April 2025. The 2nd respondent, through an affidavit of its County Executive Committee Member James Gatuma, opposed the application, contending that the delay of 2 months and 18 days was not explained, since the illness occurred after the time for service had already expired. The court applied the settled Fakir Mohammed factors for Rule 4 discretion. Finding that the notice of appeal had been filed on time and that the delay of 2 months and 18 days was not inordinate, the court granted leave to serve the notice of appeal within 7 days. The remaining timelines for filing the record of appeal were left to be governed by the Court of Appeal Rules, failing which the leave would stand vacated. There was no order as to costs of the application. The decision below was not itself disturbed; this was a procedural extension-of-time ruling.

Key legal issues

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01

Whether a delay of 2 months and 18 days in serving a notice of appeal that was filed on time warrants extension of time under Rule 4

Holding

Yes - because the notice was filed on time and the delay was not inordinate, the discretion was exercised in the applicant's favour for that prayer

Reasoning

Applying the Fakir Mohammed factors, the court found the notice of appeal was filed within time and only service failed, due to a clerk's oversight and counsel's illness. Since the delay of 2 months and 18 days was not inordinate and the fault was largely administrative, the court extended time for service of the notice of appeal, with the ordinary subsequent timelines to be observed on pain of vacatur.

p. 2

Legal principles established

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  • The power to extend time under Rule 4 is a discretion exercised by weighing relevant factors including length of delay, reason for delay, chances of the appeal, and prejudice to the respondent

Court orders

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  1. 1.Leave granted to the applicant to serve the notice of appeal within 7 days from the date of the ruling
  2. 2.The applicant to comply with the remaining timelines for filing the record of appeal as prescribed by the Court of Appeal Rules, failing which the leave granted will stand vacated
  3. 3.No order as to costs of the application
On appeal from
Environment and Land Court, Thika
ELC Petition no. E016 of 2024
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of time)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "The General of Salvation Army Registered Trustees (registered Trustees) v Muranga County Government & 4 others", Case Analysis (2026). Civil Application (as stated in the judgment: notice of motion dated 9th June 2025 arising from ELC Petition no. E016 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/212/eng@2026-02-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.